United States v. Fernando Zatarain-Pena

MEMORANDUM

Fernando Zatarain-Pena appeals from the district court’s judgment and challenges the 44-month sentence imposed following his guilty-plea conviction for importation of methamphetamine and cocaine, in violation of 21 U.S.C. §§ 952 and 960. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Zatarain contends that the district court applied the wrong legal standard when determining whether he was entitled to a minor role adjustment under U.S.S.G. § 3B1.2(b). We review the district court’s interpretation of the Sentencing Guidelines de novo and its factual finding that a defendant was not a minor participant for clear error. See United States v. Hurtado, 760 F.3d 1065, 1068 (9th Cir.2014), cert. denied, — U.S.-, 135 S.Ct. 1467 , 191 L.Ed.2d 412 (2015). The district court applied the correct standard by determining whether Zatarain was substantially less culpable than other participants in the criminal scheme in light of the totality of the circumstances and the particular facts of Zatarain’s case. See U.S.S.G. § 3B1.2 cmt. n. 3(C); Hurtado, 760 F.3d at 1069 . The district court was not required to make an explicit finding regarding Zata-rain’s level of knowledge…